Scope
Article 2
1. This Regulation applies to: (a) shipments of waste between Member States, with or without transit through third countries; (b) shipments of waste imported into the Union from third countries; (c) shipments of waste exported from the Union to third countries; (d) shipments of waste in transit through the Union on the way to or from third countries. 2. This Regulation does not apply to: (a) waste, including waste water and residues, generated by the normal operation of ships and offshore platforms until that waste is offloaded for the purposes of recovery or disposal, provided that the waste is subject to the requirements of Directive (EU) 2019/883 of the European Parliament and of the Council ( 33 ) , the International Convention for the Prevention of Pollution from Ships, the International Convention for the Control and Management of Ships’ Ballast Water and Sediments or other relevant binding international instruments; (b) waste generated on board vehicles, trains, aeroplanes and ships, until that waste is offloaded for the purposes of recovery or disposal; (c) shipments of radioactive waste as defined in Article 5 of Council Directive 2006/117/Euratom ( 34 ) ; (d) shipments of animal by-products and derived products as defined in Article 3, points (1) and (2), of Regulation (EC) No 1069/2009, respectively, except animal by-products or derived products mixed or contaminated with any waste listed as hazardous in the list of waste referred to in Article 7 of Directive 2008/98/EC; (e) shipments of waste waters which are covered by Council Directive 91/271/EEC ( 35 ) or other relevant Union legislation; (f) shipments of substances that are destined for use as feed materials as defined in Article 3(2)point, of Regulation (EC) No 767/2009 of the European Parliament and of the Council ( 36 ) and that do not consist of or contain animal by-products; (g) shipments of waste from the Antarctic into the Union in accordance with the requirements of the Protocol on Environmental Protection to the Antarctic Treaty ( 37 ) ; (h) shipments of carbon dioxide for the purposes of geological storage in accordance with Directive 2009/31/EC of the European Parliament and of the Council ( 38 ) ; (i) ships flying the flag of a Member State falling within the scope of Regulation (EU) No 1257/2013, with the exception of ships: (i) which are considered as hazardous waste, that are located in an area under the national jurisdiction of a Member State and that are exported from the Union for recovery, to which only Articles 39, 48, 49 and Title VII of this Regulation shall apply; or (ii) which are considered as waste, that are located in an area under the national jurisdiction of a Member State and that are destined for disposal. 3. For imports of waste generated by armed forces or relief organisations during situations of crisis, or during peacemaking or peacekeeping operations, where such waste is shipped by the armed forces or relief organisations concerned or on their behalf, directly or indirectly, to the country of destination, only Article 51(6) and (7) and Article 53(5) shall apply. 4. For shipments of waste from the Antarctic to third countries which transit through the Union, Articles 39 and 59 shall apply. 5. For transport of waste exclusively within a Member State, only Article 36 shall apply.